Fredrick Dewayne Robinson v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2015
• Docket: 09-15-00107-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00107-CR ____________________

FREDRICK DEWAYNE ROBINSON, Appellant

V.

THE STATE OF TEXAS, Appellee _______________________________________________________ ______________

On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 13-10-10975 CR ________________________________________________________ _____________

MEMORANDUM OPINION

The trial court sentenced Fredrick Dewayne Robinson on September 11,

2014. The trial court signed a certification in which the court certified that this is a

plea-bargain case and the defendant has no right of appeal. See Tex. R. App. P.

25.2(a)(2). Robinson filed a notice of appeal on December 22, 2014. We notified

the parties that Robinson filed his notice of appeal too late to perfect an appeal. See

Tex. R. App. P. 25.2(b). Robinson failed to establish that his notice of appeal was

1 timely filed or that the Texas Court of Criminal Appeals granted an out-of-time

appeal as habeas relief. See generally Tex. R. App. P. 73.

The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.2. No motion for extension of time was timely filed pursuant to Rule

26.3 of the Texas Rules of Appellate Procedure. The Court finds it is without

jurisdiction to entertain this appeal. Accordingly, we dismiss the appeal for want of

jurisdiction.

APPEAL DISMISSED.

________________________________ LEANNE JOHNSON Justice

Submitted on April 21, 2015 Opinion Delivered April 22, 2015 Do Not Publish

Before McKeithen, C.J., Kreger and Johnson, JJ.